HomeMy WebLinkAbout2008-06-25 Planning & Zoning MinutesCITY OF KENAI
PLANNING & ZONING COMMISSION
AGENDA
CITY COUNCIL CHAMBERS
June 25, 2008 - 7:00 p.m.
1. CALL TO ORDER:
a. Roll Call
b. Agenda Approval
c. Consent Agenda
d. *Excused Absences
- Kurt Rogers
*A11 items listed with an asterisk (*) are considered to be routine and non-
controversial by the Commission and will be approved by axxe motion. There will be
no separate discussion of these items unless a Commission Member so requests, in
which case the item will be removed from the Consent Agenda and considered in
its normal sequence on the agenda as part of the General Orders.
2. *APPROVAL OF MINUTES:
a. *June 11, 2008
3. SCHEDULED PUBLIC COMMENT: (10 Minutes)
\ a. Roy Espy -Planning for Future Cell Towers
4. CONSIDERATION OF PLATS:
5. PUBLIC HEARINGS:
a. PZ08=34 - An application to rezone properties known as Lot 4, FBO Subdivision
No. 7 & Lot 5, FBO Subdivision No. 8 (525 8v 535 North Willow Street) from
Conservation to Light Industrial. Application submitted by Rick Koch, City
Manager, City of Kenai, 210 Fidalgo Avenue, Kenai, Alaska.
b. PZ08-35 - An application to rezone properties known as Tract A, Gusty
Subdivision No. 3, Tract B, Gusty Subdivision No. 6, and Tract C-1, Gusty
Subdivision No. 7 (410, 420 8s 400 Coral Street) from Conservation to Light
Industrial. Application submitted by Rick Koch, City Manager, City of Kenai,
210 Fidalgo Avenue, Kenai,, Alaska.
c. PZ08-36 - An application for a Variance from height restrictions far an SO-foot
cell tower for the property known as Lot 1-A, Grace Brethren Replat #2 (406
McCollum Drive), Kenai, Alaska. Application submitted by Alaska Digitel, 3127
Commercial Drive, Anchorage, Alaska.
d. PZO8-38 - An application to rezone properties known as Buffalo Run
Subdivision Phase 1, Tract 1 and Tract A Swires Subdivision Axnended
Excluding Buffalo Run Subdivision Phase 1(Tract 1A Buffalo Run Replat
Preliminary Plat), 314 Swires Road from Suburban Residential to Rural
Residential. Application submitted by Bill E. Zubeck, 414 Swires Road, Kenai,
Alaska.
6. OLD BUSINESS:
Agenda
June 25, 2008
Page 2
7. NEW BUSINESS:
a. Lease Application -James H. Doyle, d/b/a Weaver Brothers, Inc. -Tract B,
Gusty Subdivision No. 6 -- Discussion.
b. Amendment to KMC 14.20.200 (a) -Discussion -Set public hearing.
8. PENDING ITEMS:
a. PZ07~25 -Recommending Council enact KMC 9.10.015 to require dumpsters
be screened on at least three sides.
9. REPORTS:
a. City Council
b. Borough Planning
c. Administration
10. PERSONS PRESENT NOT SCHEDULED: (3 Minutes)
11. INFORMATION ITEMS:
a. PZ08-37 -Landscape/Site Plan - A.F.S.S. Building - 470 N. Willow Street
b. Request for excused absence -Commissioner Rogers
c. Planning 8s Zoning Commission Roster
} d. Zoning Bulletin -June 10, 2008
12. COMMISSION COMMENTS & QUESTIONS:
13, ADJOURNMENT:
CITY OF KENAI
PLANNING & ZONING COMMISSION
JUNE 25, 2008
• 7:00 P.M.
CITY COUNCIL CHAMBERS
CHAIR JEFF TWAIT, PRESIDING
MINUTES
ITEM 1: CALL TO ORDER
Chair Twait called the meeting to order at approximately 7:01 p.m.
],-a. Roll Call
Roll was confirmed as follows:
Commissioners present: R. Wells, J. Twait, P. Bryson, J. Brookman, K Koester,
S. Romain
Cornzxa.issioners absent: None
Others present: City Planner M. Kebschull, Council Member R. Ross,
• Planning Administrative Assistant N. Carver
A quorum was present.
1-b. Agenda Approval
Commissioner Brockman read the following lay down items:
ADD TO: 3-a. Scheduled Public Comment
• Cc11 towers within four miles of McCollum Drive, Kenai
• Antennas within four miles of McCollum Drive, Kenai
• Electromagnetic Fields (EMF) Protection -- United States
• Electromagnetic Fields (EMF) Protection -- Norway
• "Guidelines for Limiting Exposure to Time-Varying Electric,
Magnetic, and Electromagnetic Fields (Up to 300 GHz)"
(Norway's Guidelines)
5-c. PZ08-36
• Letter with attachments from Alaska Digitel
MOTION:
Commissioner Brookman MOVED to approve the agenda with the noted laydown
items included and Commissioner Wells SECONDED the motion. There were no
ob3ections. SO ORDERED.
l 1.-c. Consent Agenda
MOTION:
Commissioner Romain MOVED to approve the consent agenda and Commissioner
Brookman SECONDED the motion. There were no objections. SO ORDERED.
1-d. *Excused Absences
Kurt Rogers
*All items listed with an asterisk (*) are considered to be routine and non-
controversial by the Commission and will be approved by one motion. There will be
no separate discussion of these items unless a Commission Member so requests, in
which case the item will be removed from the Consent Agenda anal considered in
its normal sequence on the agenda as part of the General Orders.
Approved by consent agenda.
ITEM 2: *APPROVAL OF MINUTES -- June 11, 2008
Approved by consent agenda.
ITEM 3: SCHEDULED PUBLIC COMMENT
3-a. Roy Espy -Planning for Ftia.ture Ce11 Towers
Roy Espy, 403 McCallum Drive, Kenai -- Espy requested the City pursue a
moratorium on cell phone towers, establishing suitable locations, giving time to assess
the needs of the community, allowing cell phone companies to disclose areas, and
establishing a policy to "hide" towers when appropriate.
BREAK TAKEN: 7:15 P.M.
BACK TO ORDER: 7:20 p.xn.
ITEM 4: CONSIDERATION OF PLATS -- None
ITEM 5: PUBLIC HEARINGS
5-a. PZOS-34 - An application to rezone properties known as Lot 4, FBO
Subdivision No. 7 8s Lot 5, FBO Subdivision No. 8 (525 8s 535 North
Willow Street) from Conservation to Light Industrial. Application
submitted by Rick Koch, City Manager, City of Kenai, 210 Fidalgo
Avenue, Kenai, Alaska.
Kebschull reviewed the staff report included in, the packet, noting the rezone would
eliminate a split zone and was recommended by the Supplemental Airport Master Plan
and the 2003 Comprehensive Plan.
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JUNE 25, 2008
PAGE 2
Twait read tie rules for public hearing and opened the floor to public hearing. There
being no comments, the public hearing was closed.
MOTION:
Commissioner Bryson MOVED to approve PZ08-34 with staff recommendations.
Commissioner Brookman SECONDED the motion.
VOTE:
Wells YES Twait YES B son YES
Ro ers EXCUSED Brookman YES Koester YES
Romain ~ YES
MOTION PASSED UNANIMOUSLY.
5-b. PZ08-35 - An application to rezone properties known as Tract A, Gusty
Subdivision No. 3, Tract B, Gusty Subdivision No. 6, and Tract G 1,
Gusty Subdivision No. 7 (410, 420 & 400 Coral Street) from Conservation
to Light Industrial. Application. submitted by Rick Koch, City Manager,
City of Kenai, 210 Fidalgo Avenue, Kenai, Alaska.
Kebschull reviewed the staff report included in the packet, noting the rezone would
eliminate the non-conforming issue for the lessee and was recommended by the
} Supplemental Airport Master Plan and the 2003 Cozxxprehensive Plan.
I 'I~vait opened the meeting to public hearing.
Kristine Schmidt, 513 Ash Avenue, Kenai -- Spoke against the rezone and
suggested it be zoned the same as the surrounding properties.
There being no further comments, the public hearing was closed.
MOTION:
Commissioner Romain MOVED to approve PZ08-35 with staff recommendations and
Commissioner Bryson SECONDED the motion.
Commissioner comments noted the gully to the north of the property would provide a
buffer along Birch Street.
VOTE:
We11s YES Twait NO B son YES
Ro ers EXCUSED Brookman NO Koester YES
Romain YES
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JUNE 25, 2008
PAGE 3
MOT10N PASSED.
5-e. P208-36 - An application for a Variance from height restrictions for an
80-foot cell tower for the property known as Lot 1-A, Grace Brethren
Replat #2 (406 McCollum Drive), Kenai, Alaska. Application submitted
by Alaska Digitel, 3127 Commercial Drive, Anchorage, Alaska.
Kebschull reviewed the staff report included in the packet, noting Alaska Digitel had
previously applied for a variance fora 120-foot cell tower on this site and the variance
was denied. She recommended denial of the variance, noting the findings within KMC
1.4.20.1.80, and stated all conditions could not be met.
Twait opened the meeting to public hearing.
Nick Miller, Alaska Digitel, 3127 Commercial Drive, Anchorage -- Stated he
believed they met the five conditions. Miller noted Alaska Digitel had met with
neighbors and wade the following changes: lowered the tower to 80 feet, would not
install lights, and, would paint the lower tower brown to blend with the trees. Miller
presented information on the safety of cell towers, noting placement should not be
denied based upon health concerns.
Commissioner concerns included:
• If the tower were lowered to 35 feet, they would need seven to eight sites
to have similar coverage.
• Density of trees would be more of a problem with signal loss than single
tall trees.
• Some cell companies have standing agreements to share towers.
Roy Espy, 403 McCollum Drive, Kenai -- Spoke against the variance.
Debbie Sonberg, 410 Cinderella, Kenai -- Spoke against the variance, but in favor of
working with the city and cell phone companies to plan for the future, suggesting
commercial property in the area.
Patricia Falkenberg, 399 McCollum Drive, Kenai -- Spoke against the variance,
stating she did not want the tower in a residential area, was concerned with property
values, and very concerned Alaska Digitel started the building process before permits
were received.
Becky Espy, 903 Magic, Kenai -- Spoke against the variance.
Janine Espy, 403 McCollum Drive, Kenai, -- Spoke against the variance. Stated she
appreciated the community meeting set up by Alaska Digitel; Grace Brethren Church
apologized to the neighbors and agreed to not accept payments from Alaska Digitel.
Espy stated concern this would allow them to use the property for free. She requested
support of the moratorium or an ordinance change.
J
PLANNING & ZONING COMMISSION MEETING
JUNE 25, 2008
PAGE 4
Billy Stuart, 401 McCollum Drive, Kenai ~- Spoke against the variance.
Sylvia Stuart, 401 McCollum Drive, Kenai -- Spoke against the variance, noting she
felt deceived by Alaska Digitel and was concerned about property values.
Wayne Hearer, Alaska Digitel, 3127 Commercial Drive, Anchorage ~- Shared
information on market value effect relative to cell tower proximity or view.
Nick Miller, Alaska Digitel, 3127 Commercial Drive, Anchorage -- Questioned
signal strength with too many towers in the area, stating it was just coincidental.
Noted testing might affect Alaska Digitel customers but not other cell users.
There being no further comments, the floor was closed to public hearing.
MOTION:
Commissioner Romain MOVED to approve PZO8-36 and Comzxaissioner Bryson
SECONDED the motion.
Commissioner comments included commercial property in the area belonged to the
borough, and permitting would take at least six months.
VOTE:
Wells NO Twait YES B son NO
Ro ers EXCUSED Braokrnan NO Koester NO
Romain NO
MOTION FAILED.
Twait read the 15-day appeal process procedure.
MOTION:
Commissioner Romain MOVED to adopt the findings; the application for variance was
denied because Alaska Digitel did not meet findings one, two and four of
KMC 14.20.180. Commissioner Wells SECONDED the motion.
MOTION TO AMEND:
Commissioner Wells MOVED to amend the motion to read "did not meet findings two
and four of KMC14.20.180." Commissioner Bryson SECONDED the motion.
VOTE ON THE AMENDMENT:
Wells YES Twait YES B son YES
Ro ers EXCUSED Brookman YES Koester NO
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JUNE 25, 2008
PAGE 5
Romain NO
MOTION PASSED.
MOTION TO AMEND:
Commissioner Bryson MOVED to amend the motion by adding "including staff
comments" after KMC14.20.180. Commissioner Romain SECONDED the motion.
VOTE ON THE AMENDMENT:
Wells YES Twait YES B son YES
Ro ers EXCUSED Brookman YES Koester YES
Romain ~ YES
MOTION PASSED UNANIMOUSLY.
VOTE ON MAIN MOTION AS AMENDED:
Wells ~ YES Twait YES B son YES
Ro ers EXCUSED Brookman YES Koester YES
Romain YES
MOTION PASSED UNANIMOUSLY.
5-d. PZ08-38 - An application to rezone properties known as Buffalo Run
Subdivision Phase 1, Tract 1 and Tract A Swires Subdivision Amended
Excluding Buffalo Run Subdivision Phase 1(Tract lA Buffalo Run Replat
Preliminary Plat, 314 Swires Road from Suburban Residential to Rural
Residential. Application submitted by Bill E. Zubeck, 414 Swires Road,
Kenai, Alaska.
Kebschull reviewed the staff report included in the packet, noting the rezone would
eliminate a split zone.
Twait opened the meeting to public hearing. There being no comments, the public
hearing was closed.
MOTION:
Commissioner Romain MOVED to approve PZ08-38 and Commissioner We11s
SECONDED the motion.
VOTE:
Wells YES Twait YES B son YES
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JUNE 25, 2008
PAGE C
Ro ers EXCUSED Brookman YES Koester YES
Romain YES
MOTION PASSED UNANIMOUSLY.
ITEM 6: OLD BUSINESS -- None
ITEM 7: NEW BUSINESS
7-a, Discussion -- Lease Application -James H. Doyle, d/b/a Weaver
Brothers, lnc. -Tract B, Gusty Subdivision No. 6.
Kebschull reviewed the staff report included in the packet.
MOTION:
Commissioner Wells MOVED to recommend City Council approve the lease application
and Commissioner Koester SECONDED the motion.
VOTE:
Wells YES Twait YES B son YES
Ro ers EXCUSED Brookman YES Koester YES
Romain ~ YES
MOTION PASSED UNANIMOUSLY.
7-b. Discussion -- Amendment to KMC 14.20.200 (a) -Set public hearing.
Kebschull reviewed the staff report included in the packet, noting if the axnendment
would be approved, accessory structures larger than 120 square feet would need to be
only five feet from the rear lot line, rather than 20 feet, and would define single story
as 12 feet.
Commissioner comments included changing "the top of the rool" to "the highest point
of the roof."
Twait opened the meeting to public comment.
Kristine Schmidt, 513 Ash Avenue, Kenai -- Suggested a work session before a
public hearing. It was noted there had been work sessions and the commission
wanted public input before proceeding.
It was recommended Administration set a public hearing for the draft ordinance with
the changes suggested.
ITEM 8: ~ PENDING ITEMS
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JUNE 25, 2008
PAGE 7
8-a. PZ07-25 -Recommending Council enact KMC 9.10.015 to require
duzxxpsters be screened on at least three sides.
ITEM 9: REPORTS
9-a. City Council -- Ross reviewed the action agenda items from the June 18,
2008 City Council meeting.
9-b. Borough Planning -- Bryson reviewed the action agenda items from the
June 23, 2008 Borough Planning meeting.
9-c. Administration -~ Kebschull requested all commissioners come into City
Hall to fill out a W-4 to receive payment.
ITEM 10: PERSONS PRESENT NOT SCHEDULED ~~ None
ITEM 11: INFORMATION ITEMS
11-a. PZO8-37 -Landscape/Site Plan - A.F.S.S. Building - 470 N. Willow
Street
11-b. .Request for excused absence -Commissioner Rogers
11-c. Planning 8v Zoning Commission Roster
11-d. Zoning Bulletin -June 10, 2008
ITEM 12: COMMISSION COMMENTS & UESTIONS
Wells noted'he attended the June 25, 2008 Chamber luncheon to hear Mayor Porter's
presentation on the city budget.
ITEM 13: ADJOURNMENT
MOTION:
Commissioner Brookman MOVED to adjourn and Commissioner Bryson SECONDED
the xnotion. There were no objections. SO ORDERED.
There being no further business before the Commission, the meeting was adjourned at
approximately 9:10 p.m.
Meeting summary prepared and submitted by:
Corene Hall, Deputy City Clerk
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